Grounds for possession: Assured and Assured Shorthold tenancies

The Housing Act 1988 (as amended by the Housing Act 1996) lays down certain circumstances (grounds) under which a landlord applying for possession of a residential property may be successful. A landlord may use one ground or a combination of grounds if appropriate.

The grounds for possession fall into two categories:

• mandatory, where the tenant will definitely be ordered to leave if the landlord can prove the ground exists, and


• discretionary, where the court can decide one way or the other (i.e.
  
  

  The Housing Act 1988 (as amended by the Housing Act 1996) lays down certain circumstances (grounds) under which a landlord applying for possession of a residential property may be successful. A landlord may use one ground or a combination of grounds if appropriate.

  
  

  The grounds for possession fall into two categories:

  
  
  
  
  • mandatory, where the tenant will definitely be ordered to leave if the landlord can prove the ground exists, and
  
  
  • discretionary, where the court can decide one way or the other (i.e. the Judge has a ‘discretion’ whether or not to make the order).
  
  

  The most common type of claim used by landlords to recover possession is one based on the serious rent arrears ground (ground 8).

  
  

  If the landlord wishes to bring proceedings based on any other ground then he should take legal advice.

  
  

  Note also, that if the tenant has a complaint against the landlord, such as for disrepair, it is best to sort this out before issuing proceedings as otherwise the tenant can counter claim on this basis and this will delay, or perhaps even prevent altogether, the obtaining of an order for possession.

  
  

  A landlord can act in person to bring a claim for possession. However, if the landlord is acting in person he should always seek legal advice if the claim is defended.

  
  

  Mandatory grounds for possession: Assured and Assured Shorthold tenancies

  
  

  If the judge finds that any of the mandatory grounds for possession are satisfied he must grant possession of the property to the landlord.

  
  

  When an order for possession has been obtained under a mandatory ground, the order will normally be effective in 14 days. The judge’s powers to stay and suspend the order are limited to six weeks, and can only be used if the tenant would otherwise suffer hardship.

  
  

  Mandatory grounds 1 to 8 for possession

  
  

  Grounds 1 to 5 are prior notice grounds which means they can usually only be used if the landlord notified the tenant in writing, before the tenancy started, that he intended one day to ask for the property back on one of these grounds.

  
  

  Ground 1

  
  

  Landlord[s) requires the property back in order to live in it.

  
  

  This ground can only be used if before the tenancy the Landlord had lived in the property as his / her main home and before or at the time the tenancy begins the Landlord gave the tenant notice that they might eventually want possession for this reason.

  
  

  Ground 2

  
  

  The property is subject to a mortgage and the mortgagees are repossessing the property to enforce the charge.

  
  

  Ground 3

  
  

  The tenancy is for a fixed period of not more than eight months and the property is occupied as a holiday let and at least twelve months before the tenancy started it had been used as a holiday let.

  
  

  Ground 4

  
  

  The tenancy is for a fixed period of not more than twelve months and has been let by an educational establishment/institution (e.g. university, colleges etc.) and possession is required.

  
  

  Ground 5

  
  

  The property is used as a home for a Minister of Religion and is needed for another Minister of Religion.

  
  

  Ground 6

  
  

  The Landlord intends to demolish or reconstruct the whole or part of the property or carry out major works to all or part of it and the works cannot be carried out if the tenant is there (e.g. because the tenant will not agree to give access or agree to be restricted to living in part of the property whilst works are carried out on the other part).

  
  

  The Landlord must pay the tenants reasonable removal expenses if the possession is granted under this ground.

  
  

  This ground cannot be used by landlords by purchase. A landlord should seek legal advice if he is looking to use this ground.

  
  

  Ground 7

  
  

  Where the previous tenant has died and the new tenant is not entitled to “succeed” to the tenancy and the tenancy is a periodic tenancy which has passed to the new tenant on death or under a Will.

  
  

  The Landlord must bring proceedings within twelve months of the death of the tenant or twelve months of the date the Landlord became aware of the tenant’s death.

  
  

  Ground 8

  
  

  Rent is unpaid at the time of service of Notice seeking possession and at the time of the hearing for a Possession Order.

  
  

  a) In the case of rent paid weekly or fortnightly at least eight weeks rent is owing.
  b) In the case of rent paid monthly at least two months rent is owing.
  c) In the case of rent paid quarterly at least one quarters rent is more than three months over due.
  d) In the case of rent paid yearly at least three months rent is more than three months over due.